Terms and Conditions of Sale

Prices
All prices are subject to change without notice. Due to significan fluctuations in raw material prices, all prices listed herein and quoted are subject to quarterly surcharges as needed for raw materials pricing escalation. The customer will receive acknowledgement of his order, showing prevailing prices at the time the order is processed. State or other sales or use taxes will be charged when applicable. All quotations automatically expire at the end of 30 days (unless specified otherwise) and are subject to termination by notice within that period.

Terms of Payment
One of the following terms or combination thereof can be used to pay for an order:
1. Cash-with-order.
2. Mastercard, Visa, American Express
3. Net 30, date of shipment (requires credit approval).
It is our policy to extend Net credit terms to qualified applicants only. These terms may be withdrawn at any time. A service charge of 1 1/2% per month may also be added for any past due unpaid balances.

Acceptance
All orders, contracts, and agreements are subject to the acceptance and approval by Lozier at its corporate head quarters in Omaha, NE. Lozier shall not be liable for any delay in the performance of any order or contract or in the delivery of any goods, or for any damages resulting from such delay, when such delay is directly or indirectly caused by or due to fire, flood, accident, riot, act of God, war, governmental decree or order, strike, labor difficulties, shortage of labor, fuel, power, material or supplies, transportation delay or any other delay or causes (whether or not similar to any of those hereinbefore specified) beyond Lozier’s reasonable control. Order acceptance will be per the conditions and terms outlined in Lozier acknowledgement. Mailing of the acknowledgement will signify Lozier acceptance of the order.

Changes and Cancellations
Customer requested changes and cancellations are subject to approval by Lozier. Every reasonable effort will be made to accommodate these requests without additional cost to the customer. Any manufacturing or engineering costs incurred will be charged to the customer.

Shipments
Method and route of shipment are at Lozier’s discretion unless Lozier is furnished with complete shipping instructions at least ten (10) days before the scheduled shipping date. Although Lozier tries to fill all orders completely, it may be necessary at times to back-order to provide better service (unless specifically instructed by the customer not to back-order). Freight is F.O.B. city of shipment. Items that ship directly from Lozier’s supplier(s) are F.O.B. Omaha. Unless otherwise instructed, all shipments will be Freight Collect.

Freight Claims
With any loss or damage of freight always contact your Lozier Account Service Representative. Listed on this page are the types of losses which may occur and your responsibility in handling them.

Loss of Freight
It is the receiver’s responsibility to count the freight at the time of delivery. Any exception must be noted on the carrier’s delivery receipt at this time. Failure to note any exception at this time will result in nonpayment for a loss of freight claim.

Damage of Freight
As with a loss of freight, damage of freight must be noted on the carrier’s delivery receipt at the time of delivery. It is the receiver’s responsibility to make sure that the freight is inspected for visible damage and that the number of pieces damaged is marked on the carrier’s delivery receipt. Failure to note visible damage at the time of delivery will result in non-payment of a damage to freight claim. Salvage must be held for the carrier.

Concealed Damage
If the receiver receives goods in apparently good condition but there is concealed damage, it is your responsibility to contact your Lozier Service Representative within 15 calendar days from delivery. You must keep the product and the packaging for an inspection by the carrier. Failure to handle a concealed damage claim in this manner could greatly reduce the amount recovered from the carrier.

Returned Goods
Returned Goods requests must be submitted to Lozier Corporation within 60 days after receipt of product. Authorization requires written approval from Lozier before return. Only stock products will be considered for return and only items in original and unbroken packaging will be accepted. A handling and restocking charge of 25% of the invoice price will be charged for all approved returns. Submit requests to your Lozier Sales Representative.

Warranty
Lozier warrants to the original purchaser that all products manufactured by Lozier are free from defects in material and workmanship. Lozier’s obligation under this warranty is limited to repairing or replacing at our plant any part or parts which shall, within one (1) year after delivery to the original purchaser, be demonstrated to be thus defective under normal use or service in climate controlled environments. SELLER EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND BUYER’S SOLE REMEDY IS LIMITED TO THE PROVISIONS CONTAINED HEREIN. No modification of this warranty shall be valid or binding unless in writing and signed by an officer of Lozier.
This warranty is void if products alleged to be defective have been: (i) misused, overloaded, modified, improperly installed or used in a manner other than the intended purpose or application, (ii) altered or repaired without Lozier’s written consent, (iii) stored improperly or damaged after shipment, (iv) exposed to high humidity or other corrosive environments, or (v) not promptly reported to Lozier.

Terms and Conditions of Lozier Website

Lozier Corporation Terms and Conditions for Use of Website
The rules and regulations in these Terms and Conditions apply to all visitors or users of this Site. The terms “we”, “us” or “our” shall refer to Lozier Corporation (“Lozier”). The terms “you”, “your”, or “User” shall refer to the individual or entity who accepts these Terms and Conditions. Lozier operates www.Lozier.com (the “Site”) to provide online access to information about Lozier and the products, services, and opportunities we provide. By using the Site you agree to these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the Site.

Lozier may change these Terms and Conditions at any time. Your continued use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms and Conditions regularly.

The Site collects certain aggregate and non-personal information through Google Analytics to enable us to improve the experience and information we provide visitors. By using the Site and agreeing to these Terms and Conditions, you consent to Lozier’s use of cookies in accordance with the terms of Lozier’s Privacy Policy.

Restrictions on Use
Lozier owns or licenses all material included on the Site (the “Content”) such as text, graphics, logos, images, photographs, audio/video files, digital downloads and software. The Content is copyrighted and/or trademarked and protected by U.S. copyright law. Modification or use of the Content except as expressly provided in these Terms and Conditions violates Lozier’s intellectual property rights.

You may download, print, distribute and use pages from the Site for your own informational purposes or as related to your commercial dealings with Lozier. Any copies of documents or pages from the Site must not alter the original Site content and must include the Lozier copyright notice.

The Site may contain links to third party sites. Access to any other Internet site linked to this Site is at the User’s own risk and Lozier is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Lozier provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

You may link to this Site provided that the link does not falsely imply or suggest that Lozier has endorsed or is affiliated with the linked Site. (Lozier approved Stocking Distributors are welcome to link to the Lozier Site.)

Users of the Site must not:

  1. Attempt to circumvent the security systems of the Site or attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Lozier server.
  2. Attempt or use the Site in furtherance of or with intent to commit any fraudulent or other illegal activities, or otherwise in violation of any applicable law, regulation, legal agreement or Lozier’s published policies.
  3. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
  4. Use the Site in a manner that is abusive of Lozier programs, other users’ access to the Site, or other information on the Site.

You agree that your access and use of the Site shall not violate the restrictions set forth in these Terms and Conditions, as it may be amended from time to time. You agree that your use of the Site shall comply with all applicable law at all times.

Restricted Access
Access to certain areas of this Site is restricted. Lozier reserves the right to restrict access to other areas of this Site, or indeed this entire Site, at Lozier’s discretion. If Lozier provides you with a user ID and password to enable you to access restricted areas of this Site or other content or services, you must ensure that the user ID and password are kept confidential.

User Account
Where you have created an account in the Site, you confirm that the account information you have provided is truthful and accurate. You must keep your account password and information confidential and not share it with any other person. If you lose your password or become aware of access to your account other than by you, you agree to notify Lozier immediately. If you become aware of or should reasonably know about use of your password or account by any person other than you, and if you do not notify Lozier immediately of such use, you will be responsible for any and all liability incurred by Lozier or any other user of this Site due to unauthorized use. If Lozier believes that your account has been compromised, Lozier may require you to update your password. Further, Lozier may suspend or limit the use of your account. In the event Lozier reasonably believes that your actions affect other users or third parties, Lozier may warn such other users or third parties. Lozier may also investigate any perceived misuse of your account, refer matters to law enforcement, and/or take other legal action.

Intellectual Property
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Lozier or other third parties. Users are not permitted to use these Marks without the prior written consent of Lozier or such third party which may own the Mark. Lozier is a registered trademark of Lozier and/or its affiliates.

Links to Other Websites
Links on the Site to third party websites or information are provided solely as a convenience to you. Lozier does not endorse such sites and is not responsible for their content. If you decide to access any of the sites linked to this Site, you do so entirely at your own risk.

Additional Terms and Conditions

To the extent that the information accessible through this Site is used in the sales process, the following provisions apply:

Order of Preference
These Terms and Condition and any other written terms and conditions of sale (the “Transaction Documents”) shall be construed wherever reasonable as being consistent with each other. When such construction is unreasonable, the order of precedence shall be: (i) the Transaction Documents; and, (ii) these Terms and Conditions.

Disclaimer
Although Lozier has attempted to provide accurate information on the Site, Lozier assumes no responsibility for the accuracy of the information. Lozier may change the services, programs or products mentioned at any time without notice. Mention of non-Lozier products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

THIS SITE IS PROVIDED BY LOZIER ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. LOZIER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. LOZIER DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
Neither Lozier, any of its affiliates, directors, officers and employees, nor its suppliers shall be liable for any INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY lozier PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Lozier OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

International Use
User’s access to this Site is governed by all applicable federal, state and local laws. All information available on the Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

Lozier makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited.

Governing Law
These Terms and Conditions shall be construed by the laws of the State of Nebraska, without regard to its choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Douglas County, Nebraska shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from these Terms and Conditions and you irrevocably submit to the jurisdiction of such courts.

Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Lozier with respect to this Site and supersede all prior agreements and understandings, whether written or oral, with respect to the subject matter of these Terms and Conditions. If any term, provision, covenant or restriction of these Terms and Conditions is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of these Terms and Conditions shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.

Last Revised: October 29, 2015